Her v. Prison

Full title: NOU HER, Plaintiff, v. WARDEN MENDOTA PRISON, et al., Defendants.

Court: United States District Court, Eastern District of California

Date published: Apr 3, 2023

1:23-cv-00488-BAM (PC) (E.D. Cal. Apr. 3, 2023)

Opinion

1:23-cv-00488-BAM (PC)

04-03-2023

NOU HER, Plaintiff, v. WARDEN MENDOTA PRISON, et al., Defendants.

BARBARA A. McAULIFFE, MAGISTRATE JUDGE

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

(ECF No. 2)

ORDER DIRECTING PAYMENT OF INMATE FILING FEE BY FCI MENDOTA

BARBARA A. McAULIFFE, MAGISTRATE JUDGE

Plaintiff Nou Her (“Plaintiff”') is a federal prisoner appearing pro se in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Currently before the Court is Plaintiff's motion to proceed in forma pauperis, filed March 31, 2023. (ECF No. 2.)

Plaintiff has made the showing required by § 1915(a) and accordingly, the request to proceed in forma pauperis will be granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account. The Warden of FCI Mendota is required to send to the Clerk of the Court payments from Plaintiff's trust account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiffs application to proceed in forma pauperis, (ECF No. 2), is GRANTED;

2. The Warden of FCI Mendota or his or her designee shall collect payments from Plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action;

3. The Clerk of the Court is directed to serve a copy of this order and a copy of Plaintiff's in forma pauperis application on the Warden of FCI Mendota, at FCI Mendota, Federal Correctional Institution, P.O. Box 39, Mendota, California 93640; and

4. The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California.

IT IS SO ORDERED.